SECTION I – INTRODUCTION AND INTERPRETATION

‘appeal notice’ means either an appellant’s notice in form N161 or a respondent’s notice in form N162 ;

‘appellant’s notice’ means an appeal notice filed by an appellant and a ‘respondent’s notice’ means an appeal notice filed by a respondent;

‘hearing date’ means the date on which the appeal is listed to be heard, including a‘floating’ date over two or more days;

‘listing window notification’ means the letter sent by the Civil Appeals Office in accordance with Section 5: Timetable Part 1 notifying the parties of the window within which the appeal is likely to be heard; and ‘date of the listing window notification’ means the date of such letter;

‘replacement skeleton argument’ means a skeleton argument which has been amended in order to include cross references to the appeal bundle and is lodged and served in accordance with the timetable at Section 5 Part 2.

Extension of time for filing appellant’s notice

(1) Where the time for filing an appellant’s notice has expired, the appellant must –

(a) file the appellant’s notice; and

(b) include in that appellant’s notice an application for an extension of time.

(2) The appellant’s notice must state the reason for the delay and the steps taken prior to the application being made.

(3) Where the appellant’s notice includes an application for an extension of time and permission to appeal has been given or is not required, the respondent has the right to oppose that application and to be heard at any hearing of that application. In respect of any application to extend time –

(a) The respondent must–

(i) be served with a copy of any evidence filed in support of the application; and

(ii) inform the court in writing of any objections to the grant of the extension of time within 7 days of being served with the appellant’s notice.

(b) A respondent who unreasonably opposes an application for an extension of time may be ordered to pay the costs of the application.

(c) An application for an extension of time will normally be determined without a hearing unless the court directs otherwise.

Non-availability of documents

6

(1) If the appellant is unable to provide any of the necessary documents in time, the appellant must complete the appeal notice on the basis of the available documents. The notice may be amended subsequently with the permission of the court (see paragraph 30).

(2) Any application for a transcript at public expense should be made within the appellant’s notice.

Skeleton argument to be lodged with the respondent’s notice

9. A respondent who files a respondent’s notice must, within 14 days of filing the notice, lodge a skeleton argument with the court and serve a copy of the skeleton argument on every other party to the appeal.

(Provisions in relation to the skeleton argument are set out in paragraph 31.)

SECTION IV – PROCEDURE WHERE PERMISSION TO APPEAL IS SOUGHT FROM THE COURT OF APPEAL

Documents for use on an application for permission

14. Within 14 days of filing the appeal notice, the appellant must lodge a core bundle (and, if necessary, a supplementary bundle) for the application for permission to appeal, prepared in accordance with paragraph 27.

Determination of applications for permission to appeal

15.

(1) Applications for permission to appeal will be determined by the court without a hearing unless the judge considering the application directs that the application be determined at an oral hearing in accordance with rule 52.5(2).

(2) If a judge directs that an oral hearing should take place, the hearing will be listed before the same judge no later than 14 days after the direction was given, unless the court directs otherwise.

(3) When directing that an oral hearing should take place, the judge may also identify any issue or issues on which the applicant should specifically focus its submissions at the oral hearing in order to assist the court to determine the application and may direct the respondent to file and serve written submissions and to attend the oral hearing.

Permission hearing

16.

(1) The court will notify the respondent of any oral hearing but the respondent is not expected to attend unless the court so directs.

(2) If the court directs the respondent to attend the permission hearing, the appellant must supply the respondent with a copy of the skeleton argument and any documents to which the appellant intends to refer.

Appellant in receipt of services funded by the Legal Aid Agency applying for permission to appeal

17. Where the appellant is in receipt of services funded by the Legal Aid Agency and permission to appeal has been refused by the court without a hearing, the appellant must send a copy of the court’s reasons for refusing permission to the Legal Aid Agency as soon as it has been received.

Limited permission: rule 52.6(2)

(1) If, under rule 52.6(2), the court grants permission to appeal on some issues only, it will –

(a) refuse permission on any remaining issues; or

(b) adjourn the application in respect of those issues to the hearing of the appeal.

(2) If the court adjourns the application under sub-paragraph (1)(b), the appellant must inform the court and the respondent in writing, within 14 days after the date of the court’s order, whether the appellant intends to pursue the application. If the appellant intends to pursue the application, the parties must include in any time estimate for the appeal hearing an allowance for the adjourned application.

Respondents actions when served with the appellant’s notice

19.

(1)

(a) If the appellant seeks permission to appeal a respondent is permitted, and is encouraged, within 14 days of service of the appellant’s notice or skeleton argument if later to file and serve upon the appellant and any other respondent a brief statement of any reasons why permission should be refused, in whole or in part.

(b) The statement should be not more than 3 pages long, and should be directed to the relevant threshold test for the grant of permission to appeal. The statement must also comply with paragraph 31(1)(b).

(c) The statement should identify issues to which the appeal should be limited, and any conditions to which the appeal should be subject (see Rule 52.6(2)).

(2)

(a) If the appellant makes any application in addition to an application for permission to appeal (such as a stay of execution, an injunction pending appeal or an extension of time for appeal) a respondent should include in its written statement under paragraph 19(1)(a) any reasons why that application should be refused or granted only on terms.

(b) If, exceptionally, a respondent wishes to rely upon evidence for that purpose its evidence should be included in its written statement, supported by a statement of truth, or filed and served upon the appellant and any other respondent at the same time as its written statement under paragraph 19(1)(a).

(3) Unless the court directs otherwise, a respondent need take no further steps when served with an appellant’s notice prior to being notified that permission to appeal has been granted.

Respondent’s costs of permission applications

20.

(1) There will normally be no order for the recovery of the costs of a respondent’s written statement. In most cases an application for permission to appeal will be determined without the need for the respondent to attend a hearing. In such circumstances an order for costs will not normally be made in favour of a respondent who voluntarily attends a hearing.

(2) If the court directs the respondent to file submissions or attend a hearing, it will normally award costs to the respondent if permission is refused.

SECTION V – TIMETABLE

21. Subject to any specific directions that may be given by the court, the timetable for the conduct of an appeal after the date of the listing window notification is set out below:

Timetable Part 1 – Listing window notification to lodging bundle

Period within which step is to be taken

Action

Cross reference to relevant provisions in this Practice Direction

Promptly afterpermission to appealis granted

Review case:parties to review case with a view to resolution or refinement of the issues to be determined at the appeal

Paragraph 27(6)(bundle of documents)

Within 14 days of service of:

the appellant’s notice if permission has been given by the lower court or is not needed;

notification that permission has been granted by the Court of Appeal; or

notification that the permission application will be listed with the appeal to follow

Respondent’s notice (if any) must be filed and served

Paragraph 8 (respondent’s notice)

14 days after date of listing window notification

The appellant must file and serve onevery respondent the Appeal Questionnaire

Paragraph 1 (listing window notification defined)

Paragraph 23 (Appeal Questionnaire)

14 days after date of listing window notification

The appellant must serve on every respondent (1) the appellant’s appeal skeleton argument or confirmation that the appellant intends to rely on the permission to appeal skeleton argument; and (2) the proposed bundle index for the core appeal bundle and any supplementary bundle

Paragraph 31 (skeleton argument)

Paragraph 27 (bundleof documents)

Within 14 days of filing a respondent’s notice

If respondent has filed a respondent’s notice, respondent must lodge and serve a skeleton argument on every other party

Paragraph 9 (skeleton argument to be lodged with the respondent’s notice or within 14 days of filing respondent's notice)

7 days after service of appellant’s Appeal Questionnaire

If a respondent disagrees with appellant's time estimate, that respondent must file and serve on every other party its own time estimate

Paragraph 24 (time estimate)

35 days after date oflisting window notification

Where Respondent has not filed a respondent’s notice, respondent must lodge skeleton argument and serve on every other party

Appellant must serve a final bundle index on all the respondents, including page numbers

Paragraph 27 (bundle of documents)

70 days after listing window notification

All respondents must serve on the appellant their replacement skeleton arguments

Paragraph 1 (replacement skeleton argument defined)

Paragraph 31 (skeleton argument)

Timetable Part 2 – Steps to be taken once hearing date fixed: lodging bundles, supplemental skeletons and bundles of authorities

Time before hearing date when step is to be taken

Action

Cross reference to relevant provisions in this Practice Direction

As soon as practicable and no later than 7 days before the appeal hearing

If a party wishes to rely on a supplementary skeleton argument, the supplementary skeleton argument must be lodged and served together with a request for permission to rely on it. Note– permission will only be granted wherestrictly necessary.

Paragraph 32 (supplementary skeleton argument)

No later than 42 days before the appeal hearing

Subject to any direction of the court, the appellant must lodge the appropriate number ofappeal bundles and serve a copy on all other parties to the appeal.Any unagreed documents bundle must be lodged and served by the party seeking to rely on the unagreed documents.

Appeal Questionnaire

Time estimates

24. If the respondent disagrees with the appellant’s time estimate, the respondent must inform the court within 7 days of service of the Appeal Questionnaire. In the absence of such notification the respondent will be deemed to have accepted the appellant’s time estimate.

Expedition

26.

(1) The court may direct that the hearing of an appeal be expedited.

(2) The court will deal with requests for expedition without a hearing. Requests for expedition must be made by letter setting out succinctly the grounds on which expedition is sought. The letter (or, if time is particularly short, email) must be marked for the immediate attention of the court and copied to the other parties to the appeal.

(3) If an expedited appeal hearing is required as a matter of extreme urgency, the Civil Appeals Office must be informed as soon as possible. If necessary, parties or their legal representatives should call the Royal Courts of Justice switchboard on 020 7947 6000 and ask a member of the security staff to contact the Duty Judge.

(4) An expedited hearing will be listed at the convenience of the court and not according to the availability of counsel.

(2) Supplementary bundle for permission to appeal: For an application for permission to appeal any additional documents may be included in a supplementary bundle, but only where they are relevant to the grounds of appeal and where it will be necessary for the court to read the document for the purposes of determining whether to grant permission to appeal and any related application. The following documents may be considered for inclusion in a supplementary bundle:

(a) statements of case;

(b) application notices;

(c) other orders made in the case;

(d) witness statements made in support of any application made in the appellant’s notice;

(e) other witness statements relevant to the issues raised in the grounds of appeal;

(f) key contemporaneous documents.

(3) Service of indexes for the permission to appeal bundles: The applicant for permission to appeal must serve on every respondent a copy of the index for the core bundle for permission to appeal and a copy of the index for any supplementary bundle for permission to appeal at the same time as the bundles are lodged with the court (i.e. within 14 days of the appeal notice: paragraph 14 above).

(4) Respondent’s statement for permission to appeal: In accordance with paragraph 19, a respondent is encouraged to file and serve a respondent’s statement in response to an application for permission to appeal. Any respondent’s statement will be copied to the core bundle by the Civil Appeals Office.

(5) Respondent’s Notice: A respondent who wishes to file a respondent’s notice must do so in accordance with the time limits in CPR Part 52.13. If the respondent seeks permission to appeal in their respondent’s notice they must on the date when the respondent’s skeleton argument is due to be filed lodge a respondent’s supplementary permission to appeal bundle. That bundle must contain any documents not included in the appellant’s bundle(s) for permission to appeal which are necessary for the court to read for the purpose of determining whether to grant the respondent permission to appeal, including the respondent’s notice and the respondent’s skeleton argument. On the same date the respondent must serve on every other party a copy of the index for that bundle.

(6) Reviewing the case after the grant of permission to appeal: Promptly after permission to appeal is granted to any party and before the appeal skeleton arguments are due to be filed under the Timetable, the parties must review the case with a view to resolution or refinement of the issues to be determined at the appeal hearing.

(7) Bundles for the appeal hearing: Subject to any direction made by the court, the appellant must not less than 42 days before the date for the appeal hearing file and serve a core bundle for the appeal hearing and (if required) a supplementary bundle for the appeal hearing. The appellant must seek to agree the contents of the core bundle and the supplementary bundle for the appeal hearing with all other parties in accordance with sub-paragraphs (8) and (9) below.

(8) Core bundle for the appeal hearing

(a) In accordance with the Timetable the appellant must serve on every respondent a proposed bundle index for the core bundle for the appeal hearing.

(b) The respondent must either agree the proposed bundle index for the core bundle or notify the appellant of the documents that the respondent considers should be included in, or removed from, the core bundle by sending a revised index. The appellant and respondent must seek to agree the contents of the core bundle.

(c) The core bundle must be lodged by the appellant in accordance with the Timetable and must contain the final form of the skeleton arguments to be relied upon at the hearing, cross-referenced to the pagination in the bundles for the appeal hearing (i.e. the replacement skeleton arguments).

(d) The core bundle for the appeal hearing must contain only those documents required in the core bundle for permission to appeal, together with copies of the following documents:

(i) any respondent’s notice;

(ii) the appellant’s replacement skeleton argument;

(iii) the respondent’s replacement skeleton argument;

(iv) a copy of any orders made in the Court of Appeal;

(v) if permission to appeal was granted at an oral hearing, a transcript of the judgment giving permission to appeal.

(9) Supplementary bundle for the appeal hearing:

(a) In accordance with the Timetable the appellant must serve on every respondent a proposed bundle index for the supplementary bundle for the appeal hearing.

(b) The respondent must either agree the proposed bundle index for the supplementary bundle or notify the appellant of the documents that the respondent considers should be included in, or removed from, the supplementary bundle by sending a revised index. The appellant and respondent must seek to agree the contents of the supplementary bundle.

(c) The supplementary bundle may only contain documents relevant to the grounds of appeal which it will be necessary for the court to read in preparation for or during the appeal hearing. Where a party is represented,this must be certified by the advocate responsible for arguing the case. The following documents may be considered for inclusion in the supplementary bundle:

(i) statements of case;

(ii) application notices;

(iii) other orders made in the case;

(iv) witness statements relevant to the issues raised in the grounds of appeal;

(v) key contemporaneous documents.

(10) Reviewing the case before the appeal hearing: After the appeal skeleton arguments are filed and served, and in accordance with the Timetable, the parties must review the case with a view to resolution or refinement of the issues to be determined at the appeal hearing.

(11) Size of supplementary bundle: No supplementary bundle (whether for permission to appeal or for an appeal hearing) may exceed one lever arch file of 350 pages in size, unless the court gives permission. An application for permission to file a supplementary bundle of more than 350 pages must be made by application notice in accordance with CPR Part 23 and specify exactly what additional documents the party wishes to include; why it is necessary to put the additional documents before the court; and whether there isagreement between the parties as to their inclusion.

(12) Unagreed documents bundles for the appeal hearing: If there is no agreement in relation to inclusion of a particular document in the bundles for the appeal hearing, it must be placed in a separate unagreed documents bundle prepared by the party who has proposed its inclusion, and the bundle clearly labelled as such. The permission of the court is required to rely on an unagreed documents bundle. An application for permission must be made by application notice in accordance with CPR Part 23 and include a short statement of not more than three 20 A4 pages explaining why the unagreed documents are relevant and why it is necessary to put them before the court. Any unagreed documents bundle, including at the front the application notice and supporting statement, must be filed and served not less than 42 days before the date for the appeal hearing. Unless the court directs otherwise, the application will be determined by the court at the appeal hearing.

(a) be bound and any ring binder folder must be in fully working order;

(b) be paginated. Page numbering must not reduce the font size of any document below 12 points.

(c) contain an index at the front referring to relevant page numbers; and

(d) except for core bundles, be in chronological order.

(14) Bundles not to include originals: Unless otherwise directed by the court, no bundle should contain original material such as original documents, photographs or recorded media. Such material should be provided to the court, if necessary, at the hearing. Any copies of photographs included in the bundles must be of good quality and in colour.

(15) Destruction of bundles: Bundles lodged with the court will not be returned to the parties but will be destroyed in the confidential waste system at the conclusion of the proceedings and without further notification.

(16) Timetable: The Timetable, Parts 1 and 2, at paragraph 21 above sets out the time limits for filing and serving documents referred to in this section.

Appeals from the Upper Tribunal Immigration and Asylum Chamber

28.

(1) In an appeal from the Immigration and Asylum Chamber of the Upper Tribunal (other than an appeal relating to a claim for judicial review) –

(a) the Immigration and Asylum Chamber of the Upper Tribunal, upon request, shall send to the Civil Appeals Office copies of the documents which were before the relevant Tribunal when it considered the appeal;

(b) the appellant is not required to file an appeal bundle;

(c) the appellant must file with the appellant’s notice the documents specified in paragraph 3(3)(a) to (e) and (g) of this Practice Direction.

Bundle of authorities

29.

(1) After consultation with any opposing advocate, the appellant’s advocate must file a bundle containing photocopies of the authorities upon which each party will rely at the hearing.

(2) The most authoritative report of each authority must be used in accordance with mandatory requirements set out in paragraphs 5–13 of the Practice Direction on Citation of Authorities [2012] 1 WLR 780 and must have the relevant passages marked by a vertical line in the margin.

(3) Photocopies of authorities should not be in landscape format and the type should not be reduced in size.

(4) The bundle should not–

(a) include authorities for propositions not in dispute; or

(b) contain more than 10 authorities unless the issues in the appeal justify more extensive citation.

(5) A bundle of authorities must bear a certificate by the advocates responsible for arguing the case that the requirements of sub-paragraphs (2) to (4) of this paragraph have been complied with in respect of each authority included.

Amendment of appeal notice: rule 52.17

(1) An appeal notice may not be amended without the permission of the court.

(2) An application for permission to amend made before permission to appeal has been considered will normally be determined without a hearing.

(3) An application for permission to amend (after permission to appeal has been granted) and any submissions in opposition will normally be dealt with at the hearing unless that would cause unnecessary expense or delay, in which case a request should be made for the application to amend to be heard in advance.

(4) Legal representatives must–

(a) inform the court at the time they make the application if the existing time estimate is affected by the proposed amendment; and

(b) attempt to agree any revised time estimate no later than 7 days after service of the application.

(a) Any skeleton argument that does not comply with the requirements of paragraph 31.1(a), (b) and (c)—

(i) will be returned to its author by the Civil Appeals Office; and

(ii) may not be re-filed unless and until it complies with those requirements; and

(b) if the skeleton argument is re-filed out of time—

(i) it must be served on all other parties to the appeal; but

(ii) the party re-filing it must make an application under Part 23 to obtain the permission of the court in advance of the hearing in order to rely on it.

(3) Where an appellant has filed a skeleton argument in support of an application for permission to appeal, the same skeleton argument may be relied upon in the appeal or the appellant may file an appeal skeleton argument (Timetable Section 5, Part 1).

(4) At the hearing the court may refuse to hear argument on a point not included in a skeleton argument filed within the prescribed time.

(5) The court may disallow the cost of preparing an appeal skeleton argument which does not comply with these requirements or was not filed within the prescribed time

Supplementary skeleton arguments

32.

(1) A party may file a supplementary skeleton argument only where strictly necessary and only with the permission of the court.

(2) If a party wishes to rely on a supplementary skeleton argument, it must be lodged and served as soon as practicable. It must be accompanied by a request for permission setting out the reasons why a supplementary skeleton argument is necessary and why it could not reasonably have been lodged earlier.

(3) Only exceptionally will the court allow the use of a supplementary skeleton argument if lodged later than 7 days before the hearing.

Documents to be provided to court reporters at the hearing of an appeal

33.

(1) Where a party is legally represented at the hearing of an appeal, the legal representative must bring to the hearing two additional copies of the party’s skeleton argument (including any supplementary skeleton argument) for provision to accredited law reporters and accredited media reporters in accordance with the following provisions of this paragraph.

(2) In appeals in family proceedings involving a child, the copies of the skeleton argument must be in anonymised form and must omit any detail that might, if reported, lead to the identification of the child.

(3) The additional copies must be supplied before the commencement of the hearing to the usher or other court official present in court.

(4) The usher or other court official to whom the copies are supplied must provide one copy to an accredited law reporter (upon production of their Royal Courts of Justice security pass) and one copy to an accredited media reporter (upon production of their press pass), if so requested by them. Those copies are to be provided only for the purpose of reporting the court proceedings and on the basis that the recipients may remove them from the court and make further copies of them for distribution to other accredited reporters in court, again only for the purpose of reporting the court proceedings.

(5) Any party may apply orally to the court at the commencement of the hearing for a direction lifting or varying the obligations imposed by sub-paragraphs (3) and (4). Where a party intends to make such an application or is notified by another party of the intention to make one, the operation of those sub-paragraphs is suspended pending the ruling of the court.

(6) In deciding whether to make a direction under sub-paragraph (5), the court must take into account all the circumstances of the case and have regard in particular to—

(a) the interests of justice;

(b) the public interest;

(c) the protection of the interests of any child, vulnerable adult or protected party;

(d) the protection of the identity of any person intended to be protected by an order or direction relating to anonymity; and

(e) the nature of any private or confidential information (including information relating to personal financial matters) in the document.

A direction may permit a skeleton argument to be supplied in redacted or anonymised form.

(7) For the purposes of this paragraph, “the hearing of an appeal” includes a hearing listed as an application for permission to appeal with the appeal to follow immediately if permission is granted.